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ADORAIntellectual Property

How to register a brand name as a trademark

Registering a brand as a trademark takes five steps: clear the name with a search, decide which classes and territories you actually need, file the application, respond to any examiner objection, then monitor the opposition window before registration completes. Done cleanly, an EU filing takes four to six months if nobody objects; a UK filing takes about four months.

The five steps, in order

  1. Search. Check the name is free to use and register before you commit to it.
  2. Choose classes and territory. Which goods and services, and where you actually trade.
  3. File. Submit the application with the specification of goods and services.
  4. Handle any objection. An examiner can refuse a mark that is descriptive, generic or not distinctive; you get a chance to respond.
  5. Monitor the opposition window. Earlier rights holders can oppose after publication, before the mark registers.

Skipping step 1 is the most common and most expensive mistake. Eight IP mistakes entrepreneurs make covers what it costs to file first and check later.

Why the search comes first

Neither EUIPO nor UKIPO refuses an application just because an identical or similar mark already exists. Both offices check only whether the mark can function as a trademark at all, then publish it and leave it to earlier rights holders to object.

That means an office will happily register a mark a competitor can later successfully challenge. A clearance search is what actually tells you whether the name is safe, before you spend anything on branding built around it.

Which territory should I file in?

Wherever you actually trade, or plan to within the next year or two. Domain name vs trademark covers the same logic for domains: register where the business is, not where it is convenient.

An EU trademark covers all 27 member states through one application. A UK trademark is separate and necessary if you sell into Britain, since EU trademarks stopped covering the UK on 1 January 2021. A single-country filing, such as Bulgaria's national route, makes sense only while you trade in that one country.

What happens if someone objects?

Two different things can happen, and they are not the same problem.

An examiner objection comes from the office itself, usually on the grounds the mark is too generic or descriptive to function as a trademark. You get to respond with arguments or evidence before it is refused outright.

An opposition comes from a third party who owns an earlier mark, filed during the publication window. Trademark oppositions covers the deadlines, which cannot be extended once missed.

What it costs, by jurisdiction

FilingClassesTotalAfter SME Fund
EU11,530~€895
UK1715not eligible
Bulgariaup to 3435~€295

Prices exclude VAT. The EU SME Fund reimburses 75% of official fees for EU and national EU filings; it does not cover UK filings, because the UK is not in the EU.

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